HomeMy WebLinkAboutContract 27584�I�Y S�CR��A�II .�
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FORT WORTH MEACHAIVi YNTERI�TATIONAL AI.RP�RT
TERNiIi�IAL BUILDIl�iG OFFICE LEASE AGREElVIE1�1T
{MONTH�TO�li�IQNTH)
This TERMYNAL BUILDING OFFZCE LEA,SE AGREEMEl�1'I` {"Lease") is made
and entered xnto by and between the C�TY OF FORT W4RTH ("Lessor"), a hon:ie rule
munzcipal corporation situated in Tarrant Coun�ty, Texas acting by and through its duly
authorized Assistant City Manager, and ENGINEERING PRODUCTS SALES, INC. ("Lessee"),
a Texas corporation acting by and tl�xough Les Neumann, its duly authorizad President.
Tn consideration o� the mu�xal covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leas�s to Lessee the following real property (hereinafter referred to as
"�remises"} in the Terminal Building ("Tezminal") at Fort Worth Meacham Internatianal Airport
("Airport") in �ort Worth, Tarran.t Caunty, Texas:
l.l. 6I square �eet of second floor office space identi�ed as Suite 21 S and depicted on
E�r}aabit "A", atiached her�to and hereby made a part of this Lease far all purposes.
�. TERM OF LEASE.
This Lease shall operate on a month-to-anonth basis, cammencing on the date a� its
e�ecution. This Lease will autarnatically renew on the first (lst) day of each month unle�s
terminated by either party. In order �o terminate this Agreement, a party must provide the other
�ariy with written notice of its intent to terminate not less than thirty (30) days prior to the
effective dat� of such termination.
3. RENT.
3.1. Anaount.
Lessee shall pay Lessor as montlily rent for the Premises ihe sum of Fifty Nine
Dollaxs and 171100 {$59.17). The rental rates under this Lease are based on Lessor's
published Schedule of Rates and Cha�rges in effect as of the Effective Date of this Lease,
A ten percent (10%) premium has been added to and is included in Lessee's rental rate
hereunder due to the month-to-mon�h n.ature a� this Lease and in accordanc� with the
5ch�dule of Rates and Charges. Prior to the Effective Da�e of this Lease, Lessee shail
pay ane (1) month`s rent in advance. In the event that this Lease commences an a day _
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other than the first (lst} day of any giv�n month, the first month's rental payment shall be
prorated in accardance with the number af days remaining in that month.
3.2. Pav�e�a,t Dates a�d Late Fees.
All monthly rent payments under this Lease are due on or before the first (lst) day
of each month. Payments rnust be r�ceived during normal working hours by �he due date
at the location fnr Lessor's Revenue Office as set forth ix� Seetion 18. Rent shall be
considered past due if Lessor has not xeceived fuli payment after the (lOth) day of the
month for which payment is due. Lessor wi�l assess a late penalty charge of ten percent
(10%) per month on top af the entire month's rent fax each month in vvhich rent is past
due.
4. DEPOSIT.
Upon execution of tl�is L�ase, Lessee wi11 re�nit to Lessor a maintenanceldamagc deposit
("Deposit") equivalent to one month's rent. Thereafter, Lessee shall, at a minimum, rnaintain its
Depasit in an arnount that is equivalent to its current monthly rental amount for the Premises.
Howe�er, Lessor may increas� the amount of the Deposit to a reasanable sum in excess of one
rnonth's rez�t. Lessee's failure to maintain ifis Depo�it as required shall constitute a breach of t.�is
Lease.
Lessee's Deposit shall be in the form of a cash payrnent. Lessee will not be entitled to any
interest an this Deposit. Unless Lessor terminates this Lease for any breach, defauit ox �ailure by
Lessee, Lessor will refund any unus�d partion of this Deposit vuithin thirty {30) days followi.ng
the date that Lessee vacatcs the Premises. Lessee acicnowledges that if Lessor terrninates this
Lease for any breach, default or failure by Lessee, Less�e shall forfeit the entire ba.Iance of its
Deposit.
5. UTiL�TIES.
Lessar agre�s and covenaz�.ts that it will pay for all utilities in use on the Premises, with
the exceptian af telephone utilities. For all leased space in the basem�nt of the Terminal, Lessee
acknowledges that Lessor will not provide or pay �or any air conditioning or heating services.
Before installin.g any type of air conditianing or heating devices in fihe basement of the Terminal,
Lessee shall obtain v�rritten permission from the Director Of AI1'�]OTC Sj�St0IX15 or authorized
representative and shall, at Lessee's own expense, provide a ventilation systern acceptable to
Lessor. Lessee agrees that all heating equipment and o#h.er electrically-operated equipment which
may be used on the Premises shall fixlly comply with the City of Fort Woxth Mechanical,
Electrical, Plumhing, �'ire and Building Codes, as they exist or may hereafter be amended.
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6. MAI�ITENANCE A1�1D REPA�RS,
6.1. iVlaintenance and Repaiurs bv Lessor.
L�ssor shal� provide jar�itorial services to the Prernises unless Iocated in the
basement of the Terminal. Lessor agrees to perform minor r�pairs and maintenance on a
timely basis as required by the ordinary use of the Premises under the tertns of this Lease
and which are not caused by any vioiation thereof by Lessee. Lessor shall have the right
arid privilege, through its officers, agents, servants or employees to inspect the Premises
at any time. If Lessor determines that Lessee is responsible for any rnaintenance or
repairs required an the Premises, it shali notify Lessee in writing. Lessee agrees to
undertake such rnaintenance or repair �rork within thirty (30) calendar days of r�ceipt o�
notice. If Lessee fails to undertake the maintenance or repairs recommended within this
time, Lessor may, in its discretion, perfnrm the necessax�y maantenance or repairs on
behalf of Lessee. In this event, Lessee wiil reimburse Lessar for the c�st oi
fhe mairttenance or rcpairs, and payment will be due on the date af Lessee's next monthly
rental payment follawing cornpletion of the repairs.
6.2. Maintez�ance and Repairs bv Lessee.
Lessee agrees to ke�p and maintain the Premises in a good, clean and sanitary
coz�ditian at all times Lessee covenants and agrees that it will not make or suffer any
waste of the Prerriises. Lessee shall not allow az�y holes to be clrilled or made in the brick,
plaster or cement work. Lessee will not pile or stare boxes, cartons, barrels or other
similar items in a manner that is unsafe or unsighfly. Upon tertnir�ation of this Lease,
L�55�E agrees to return the Premises to Lessor in the same candition as origznally
received, subject to ordinaty wear and tear cansistent with normai use over time. Lesse�
is responsible far all damages caused by the negligence or misconduct of Lessee, its
agents, servants, employees, contractors, subcontractars, patrons, Iicensees, kl7Vlte�S
OI' tTe5�Ja5S£T5,
For any portion o� the Premises lacated in th� hasement of the Terminal, Lessee
shall pro�ide, a� Lessee's awn expense, and use covered metal receptacles for the
temparary storage of all trash and garbage and arrange and pay for the sanitary transport
and perm.anent disposal away from �he Airport of all of Lessee's firash, garbage and
refuse.
6.3. �nspection.
Lessor, through its o�icers, agents, servants or employees, rese�ves the right ta
�nter the Premises at any time in order to perform any and all duties or obligatians which
Lessor is a�thorized or required to do undex the tern�s of this Lease or to perform its
go�vernrnental duties under federa.I, state ar local rules, regulations and iaws (including,
but not limited to, inspeetxons under applieable Health, Mechanical, Buildang, Electrical,
Plumbing, azad Fire Codes, or other health, safety and general weliare regulations).
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Lessee will perrnit the Fire Marshal of the City of Fort Worth or l�s agents ta rnake
inspection of the Premises at any time, and Lessee will comply with al! recornmendatians
made to Lessee by the Fire Marshal ar his agents to bring th� Premises inta compliance
with the City of Fort Worth Fire Code and Building Cade provisions regarding fire safety,
as such pxavisions exist or rnay hereafter b� added or arnended. Lessee shall rr�aintain in
a proper condition accessible fire extinguishears of a number and type appxoved by Fire
Underwriters for the particular hazard involved. Lessor shall pravide Lessee with
advaz�ce notice of inspection when reasornable under the circumstances.
7. ACCEPTAI�CE OF PRENIISES.
�.1. Asbestos Abatem�nt Activities.
Lessee acknowledges the existence af asbestos-containing material on the
Premises. After inv�stigation by Lessor, Lessor represents that, to the best of its
knowledge, asbestos-containing materia�s e�ist on the Premises to the extent identif ed in
Lessar's Level II Asbestos Assessment Report dated October 12, 1992, a public document
on file in Lessar's City Secretary's Office an�d incozporated herein by reference for all
purposes. �,essee covenants and agrees ta comply with ali federal, state and local laws
and regulations, now in existence or pratnulgated in the future, which pertain to asbestos
containing materials. Lessee covenants and agrees to coopera�e fully with any asbestos
abaternent aetivity plan or asb�stos opexations and maintenance p�an set £orth by Lessor.
Lessee furthex covenants and agrees to notify and abtain written approval frozn Lessor
prior to Lessee's undertaking o� any repairs, renovations, alterations or impro�ements ta
the Premises or of any ather activity which might disturb asbestos-coniaining materials,
Lessee �grees that it shall be solely responsible for alI expenses of such activities, Lessor
retains the night to perfarm or cause to be perforrned air sampling on the Prernises
ta check far t�e presence of airbarne asbestos fibers. Less�� agrees to allow Lessor full
access to the Premises to perform such tests. Lessor will make the results of �z�y such
tests available ta Lessee at Lessee's request.
�'.�. Lessee's A,ccentance of Premises.
Lessee agrees and covenaz�.ts that it has inspec�ed the Premises and is fully ad�ised
of its own rights without reliance upon any representation made by Lessor concerning the
condition a� the Premises. Lessee accepts the Premises in its present conditifln as
satisfactory for all purposes set forth in this Lease.
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�. C41�STRUCTYON AND TMPROVEMENTS.
Lessee may not undertake or a.11ow any pariy ta undertake any kind of alteration, erection,
improvement ar oiher construction work on or to the Premises unless it first rec�uests and
recei�es in writing approval from the Director of Airport Systems or authorized r�presentative.
AIl such approved construc�ion work on and improvemen.ts to the Premises shall comply fully
with the Americans wi#h Disabilities Act o� 1990, as am�nded.
9. PARKING.
Lessee shall have the right to use the designated public parking areas aaad, to the ex�ent
available and 'zn accardance with policies established by the Director of Airport Systems or
authorized representative, to reserve parking spaca in the permit area knawn as Lot B on the
north side of the Terminal for t�ie parking af company vehi.cles and the vehicles of its employees,
licezzsees or invi�Yees, subject �o all ordinances and regulations of the City of Fart Worth and all
other applicable laws.
1 Q. USE O�' PREMISES.
Lessee a�recs to use 'the Premises exclusively �or aviation or aviatinn-related
comimercial activities. It is specifieally agreed and stipulated that �e following concessions are
prahibited under this Leas�, unless specifically appraved by the Director of Airport Systems or
authorized repres�ntative: {i) ground transportation for kure; (ii) motor �ehicle rental, including
t�i and limousine service; (iii) food sa.Ies; (iv) barber and valet sezvices; {v) alcoholic beverage
sales; and (vi) aviation-related sales of pilot supplies.
� 1. S�GNS.
Lessee may, at its own expense and with the prior written approval of th� Direc�ar of
Airport Systems or authorized r�pr�sentative, create, ins�all and maintain signs in the Terminal
indicati�g Lessee's business. SLlG11 S1�I15j however, must be in keeping with the size, color,
iocation and mar�ner o� display af othex signs throughout the Tertninal. �n addition, Lessee may,
at i#s own expense, make, install and maintain a sign outside the Tern�inal on Lessor's property
subject #o prior written approval by the Director of Airport Systems ar authorized repres�ntaiive
�.s to the sign's placement, appearance, construction, and conformity with applicab�e City Code
restrictions. '
Lesse� shail maintain all signs �iz� a safe, neat, sightly and physically good eondition.
Lessee agrees �o pay Lessor for any damage, injury or necessary re�airs to t�e Premises resulting
from the installation, maintenance or removal of any such sign, Lessee also agrees ta remove any
sign at its own expense unmediately upon receipt of instruetions fox such removaI from the
Director of Airport Systems or authorized representative.
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1�. RIGHTS A�? RESER'VATIONS QF LESSOR,
Lessor hereby retains the following rights and rreservativns:
1�.1. All f�tures and items permanently attached ta any structure on the Premises
belong to Lessor, az�d any additions or alterations made tl�ereon, sha11 immediately
become the property of Lessor.
I2.2. Lessor reserves the right to take any action it considexs necessary to protec� tl�e
aerial approach�s oF the Airpart aga.inst obstruction, including, but not limited to,
the right to prevent Lessee from �reciing or permitting to be ereeted any building
ar other structure which, in the opinion of L�ssar, would lirnit the usefiilness of
th� Airpart, constitute a hazard to aircraft ar diminish the capability of existing or
fizture avigational or na�igational aids used at the Aiiport.
1�.3. Lessor rese�rves the night to ciose tempora�ily the Airport or any of its facilities
�or rriaintenance, impro�ements, safety or security of either fihe Airpo:rt ar the
public, or for any other cause daerned aaecessary by Lessor. In this event, LEssor
shall in no way be liable for any damages ass�rted by Lessee, inc�uding, but not
Iimited to, damages from azi alleged disruption of Lessee's business aperations.
1�.�. This Lease shaIl be subordinate to the provisions of any existing or future
agreement betvveen Lessor and the United States Government which relates to the
operation or maintenance of the Airport and is required as a coudition fox the
expenditure of federal fund� for the develapment, maintenance or repair af
Airport infrastructure.
12.�. During any war ox a�ational ernergency, Lessor shall ha�e the night to lease a.ny
part of the Airport, including its landin� area, to the United States Government.
In thzs e�ent, any pro�isions of this instrument which ar� inconsistent with tk�e
pravisions af the lease to the Gavernmen� shall he suspended. Lessar shall not be
liable for any loss or damages alleged �y Lessee as a xesult af this ac�ion.
However; nofihing in this Lease shall preve�t Lessee from pursuing any righfs it
may have for reimbursement from the United States Gov�rnment.
12.6. Lessor covenants and agrees that during the term of ihis Lease it will opezate
and maintain the Airpart and its facilities as a public airpart consistent with and
pursuant ta the Spansar's Assuratices gi�'en by Lessar to the United States
Government through the Federal Airport Act; and Less�e agrees that this Lease
and Lessee's rights and priviieges hereunder shall be subordinat� to the Spo�sor's
Assuxances.
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13, �NSURA1�iCE.
13.1. Tvnes of Covera�e and L�rnits.
Lesse� shall procu.re and maintain at all times, in fii11 forca and effect, a policy or
policies of insurance as specified herein, naming the City of Fort Worth as an addit�onal
insured azxd covering ail public risks related to tl�e leasing, use, occugancy, maintenance,
existence ar locatian of #he Premises. Lessee sha11 obtain the follawing i�surance
coverage at the limits specified hexein:
� Cammercial General Liability:
$300,OOQ,00 per occurrence
(incl�ding Products and Completed 4perat�ons
In addition, Lessee shall be responsible foar alI insurance to at�y approved constxuction,
impravements, modifcations or renovations an or ta the Premises and for personal
property of Less�e or in Lessee's care, custody or control.
13.2. Adiustments to Repuired Covera�e and Limits.
Insurance requirements, including additional type� and limits of coverage and
increased limits on existir�g coverages, are subject to change at Lessor's option, and
L�SSEE will accordingly camply with such new requirements within ihirty {30) days
following notice to Lessee.
13.3. Certifcates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessar with a certificate of insurance signed by the underwriter as proof that it has
obtained the types and amoun�s of insurance co�verage required herein. Lessee hereby
cavenants and agrees that not less than thirty (30) days prior to ihe expiration of any
insurance policy required hereunder, it shalk pxovide Lessar with a new or renewal
certificate of insurance. In addition, Lcsse� shall, on dernand, provi.de Lessor with
evidence that it has maintained such coverage in full farce and efFect.
13.4. Additional Require�nents.
Lessee shail maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor.� The policy o� policies o�
insuxaz�.ce shalI be endoxsed to cover all of Lessee's operations at th� airpart and ta
pravid� that no maierial changcs in eoverage, including, but not liznited to, cancellation,
termination, nanrenewal or amendment, shall be made without thirty (3Q) days' prior
written natice �o Lessor.
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14. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shali operafe as an independent
contracior as to alI rights and privileges granted herein, and nat as an agent, representative or
employee of Lessor. Lessee shall have the exclusive right to co�tro� thc d�:tails of its operations
and activi�ies an the Premises and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, s�bcontractors, patrons, licensees and invitees.
Lessee acknowledges that the doctrine of respondecrt superior shall not apply as between Lessor
and Lessee, its officer�, a�ents, employees, cantractors and subcontrac�ars. Lessee further agrees
that no�hing herein shall be canstrued as tk�e crea�i.on of a partnership or joint enterprise betwe�n
Lessor and Lessee.
1�. I1�DEMNIFICATTOIV'.
LESSE� HEREBYASSUMESAL� LIABILITYAND RESPD�V'Sl'BILTTYFOR PROPERTY
LOSS, PR�PER2'Y DAMAGE AND/OR PERSONAL INJURY aF ANY KIND, �NC�UDIIVG
DEATH, TO ANYAND ALL PERSONS', OF ANY KIND OR CHARACTER, WHETHEIZ REAL
OR ASSERTED, ARIS'ING OUT OF OR IN GONNECTION WITH TH� rl�'E OF 2'HE AIRPORT
UNDER THIS �EASE OR WITH �'HE LEASING, MAIN7'ENAIVCE, �ISE, OGCUPANCY,
EXISTE�V'CE �R LOCAT.ION �F THE PREMISES, F�YCEPT TO �'HE .EXTENT CAtTSED BY
THE NEGLIGENT ACTS OR OMISSIDNS OR INTENTI�NAL MISCOND UCT OF LESSOR..
LESSEE C�VENAIVTS AND AGREES TD, AND DOES HEREBY, �1VDEMNIFY,
HOLD HARMLESS A�VD DEFEND LESSOR, ITS OFFIGERS, AGENTS, SER VANTS' AND
E1UfPLOYEES, FROM AND AGAFNS�' A.1VY AND ALL CLAIMS OR LAWSUITS FOR EITHER
PRDPERTY DAMAGE DR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TD LESSEE'S
BUSINESS AND ANYRESULTI'NG LOST PROFITS) A1VD/4R PEI�SONAL INJURY,
IN�LUDING DEATH, �'O A�VY AND AL� PERSONS, OF ANY KI2�'D 4R CHARACTER,
WHETHER REAL OR ASSERTED, ARI�ING OtIT OF OR IN CONNECTION W.ITH THE USE
QF 7'HE AIRP�RT U�VDER THIS LEASE OR WITH THE LEASING, MAINTENAIIFCE, USE,
DCCUPANCY, EXISTENCE OR LOCA�'I�N OF THE PREMISES, EXCEP7' TD �'HE FXTENT
CA tTSED BY T1YE NEGLIGENT ACTS OI� OMISSIONS DR INTENTIONAL MISCOND UC7' OF
LESSOR.. .
LESSE� ASSUMES ALL RESP0IVSIBILITY A.ND AGREES �4 PAY LESSOR FOR ANY
AND ALL INJURY DR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES DUT OF �R
IN CONNECTION W1'TH ANY A1VD ALL ACTS OR ON�I5SIONS OF LESSEE, .ITS �FFICERS,
AGENTS, EMPLOYEES, C�NTRACTORS, SUBCONTRAC2'ORS, LICENSEES, INVITEES,
PATRONS OR TRESPASSERS, EXCEPT TQ THE FXTENT CAUSED BY THE 1VEGLIGEN�'
ACTS OR �MISSI'ONS OR INTENTl4�lAL MI'SCOND UCT OF LESSOR..
LESSOR .DOES �V'OT GUARAN7'EE POLICE PROTECTION TD LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESP4NS�BLE FOR INJU�Y TO ANY PERS�N ON
THE PREMISES OR FOR HARM TD ANY PROPERTY WHICH BEL4NGS �"O L�S�EE, ITS
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QFFIGERS, AGENTS, SERVANTS, EMP�OYE�S, CONTRACTORS, SUBCON7'RACTORS,
LICENSEES, INVI`I'EES OR PATR4�VS, AND WHI�H MAY BE S2'OL.�N, DESTROYED OR IN
ANY WAY �AMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOL�S HARMiESS
LESSOR, ITS OFFICERS, AGEIVTS, SERVANTS AND EMPLOYEES FR�M AND AGAINST
ANY AND ALL SUCH CLAIMS, EXCEPT T+0 THE EXT ENT CA USED BY THE 1VEGLIGEIV7'
ACTS OR OMISS,l4NS OR IN�'ENTION.�L MISCONDUCT OF LESSOR,.
16. WAIVER OF CHAI2�TABLE IMMi]1vITY �R EXEMPT�ON.
If Lessee, as a charitable associaiion, corporation, partnership, individual enterprise ar
entity, claims immunity to or an exemption from liability for any kind of property damage or
personal damage, injury or death, Less�e her�by �xpressly waiv�s its rights to plead defensively
any such immuniiy or exemption as against Lessor.
17. TERMINATION.
Upon terminatiaz� of this Leas�, all rights, powers a,nd privileges granted to Lessee
hereunder shall cease and Lessee shall immediately vacaie the Premises. Lessee agxees that it
will return the Premises and all appurtenances and improvements th�reon in good order and �
repaix and in the same condition as existed at the time this Lease �vas entered into, subject to
ordinary wear and tear. Lessor shall have the imtnediate right to take full possession of #he
Premises and ta rernove any and all parties remaining on any part of the Premises without further
legal process and wifihout being liable for trespass or any other elaim. Lessor shall also have the
right to remove any and aIi fixtures or equipment that may be four�d within or upon the Premises
withaut being liable therefor. Lessee agrees that i� will assert no claim oi any kind against
Lessor, its agents, servants, employees or representatives which rnay stem from
Lessor's termination of the Lease or any act incident to Lessor's assertion of i#s right to terminate.
F�]
18. 1�OTICES.
Notices required pursu�nt to the provisions of this Lease shall be conclusively determined
to have been delivered when (1) hand-delivered to the ather party, its agents, ernployees, servants
or representati�es, or (2) deposited in the United States Mail, postagE prepaid, addressed as
follows:
To LESS�R:
For Rent:
City of Fort Wo rth
Revenue Offic�
1000 Throckmorton Street
Fort Worth, Texas 76142-6312
For All Other Matters:
Aviation Departm�nt
Meacham International Airport
4201 North Main, Suite 200
Fort Worth, Texas 76106-2749
To LESSEE:
Engineering Product Sa1es, Inc.
PO BOX 16201b
Fort Worth, TX 76161-20I5
19. ASSIGNMENT AND SiTBLETTING.
Lessee shall not assi�n, seli, convey, sublet ar transfer any of its rights, privileges, duties
or interests granted by this Lease without the advance written consent of Lcssor. Any such
transaction atte�npted by Lessee without prior written cansent by Lessor shall be null and void. Yf
Lessor cansents to any such transaetion, the respective assignee ar sublessee shall consent to
comply in Writing r�ith all terms and cor�ditions set forth in thzs Lease the sa�me as if that parly
had ariginally �xecuted this Lease.
�0. LIENS BY LESSEE.
Lessee ackn.owledges that it has no authority to engage in any act or to mak� any contract
which may create or be the �oundatian far any lien upon the property or interest in the property of
Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expe�se, sb.all
liquidate and discharge the, same within thirty {30) days of such creation or filing. L8S5EE�5
failure to discharge any such purported Iien shall constitute a breach of this Lease and Lessor
may terminate this Lease immediately. Hawever, Lessee's f nancial abligation to Lessor to
liquidate and discharge such lien shall c�ntinue in ef��ct folla�wing termination o� this Lease and
until such a time as the lien is discharged.
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21. TAXES_AND ASSES�MENTS.
Lessee agrees to pay any and alI federal, siate or local taxes or assessments which may
lawfuIly be levied aga.inst Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of ifis occupancy.
��. COMPLI,ANCE WTTH LAWS, ORDINANCES, RULES AND REGULAT�ONS,
Lessee covenants and agrees that it shall not engage in any unlaw�ul use of the Pre�ises.
Lessee further agrees that it shall no� permit its officers, agents, ser�ants, employees, contractors,
subcontractors, patrons, licensees or in�itees to engage in any unlawful use of �he Premises and
Lessee immediately shall r�mo�e from the Premises any person engaging in such unlawful
activities. Unlawful use of the Premises by Lessee itself shall constitute an immediate breach of
this Lease.
Lessee agre�s to eomply with a11 federal, state and local laws; all ordinances, rules azid
regulations af ihe City of Fort Warth and the City of Fort Worth Police, Fire and Health
Departments; a11 rules and regulations established by the Director of Airport Systems; and all
rules and regulations adopted by the City Council pertaining to the canduct required at aizparts
owned and opErated by the City, as such Iaws, ardinarices, rules and regulations exist ar may
�ereafier be amended or adopt�d. If Lessor notifies Lessee or any of its officers, agents,
employees, cantractors, subcontractors, licensees or IriVit�E5 of any �iolation of such laws,
ordinances, rules or regulatians, Lessee shall immediately desist from an.d correct the violation.
23. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, succ�ssors in interest and assigns, as part of
the consideratian harein, agrees as a cov�nant running with the land �at no person sha11 be
excluded £rom participatian in ar denied the benefits nf Lessee's use of the Premises on the basis
af race, color, national arigin, religian, handicap, sex, sexual oriez�tatian or famxlial status.
Lessee fu�her agrees for itsel�, its personal xepresentatives, successars in interest and assigns that
no person shall be exclud�d fram the provision af any services on or iz� fik�e construction of any
improve�nents ar alteratians to the Premises on grounds af race, color, national origin, religion,
handicap, sex, sexual orientation or familial status.
Lessee agrees to furnish its accommodations and to price its goads and services on a fair
and equal hasis to all persons. Jn addition, Lessee covenants and agrees that it will at a11 tirnes
camply with any requirements unposed by ox pursuant to Title 49 of the Code of Federal
Regulations, Part 21, Non-Discrimznatian in Federally Assisted Prvgrams of the Department of
Transportation and with any amendments to this regulation which may hereafter be enacted..
'i 1
If a�y claim arises from an alleged violation of this nan-discrimination covenant by
Lessee, its personal representatives, suecessors in interest or assigns, Lessee agrees to indemnify
Lessor and hold Lessor harmiess.
�4. LICENSES AND PERM�TS.
Lessee shall, at its sole expense, obtain a�nd keep in effect atl licenses and permits
necessary for tl�e operation of its business at the Airport.
2�. GOVER�iMENTAL POWERS.
It is understaod and agreed that by execution of this Lease, the City of Fort Worth does
not waive or surrender any nf its governmental powers.
26. 1�i0 WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this
Leas� or to exercise aiay �.ght granted herein shall not constitute a waiver of Lessor's right to
insist upon appropriate performance or to assert any such right on any future occasio�.
�i. VENiTE.
Should any action, whether real or asserted, at law or in equity, arise out of the te:rms of
this Lease or by Lessee's operations on the Premises, venue for such action shall Iie in state
courts in Tarrant County, Texas, or the United States Distri�t Caurt far the Northern District of
Texas, Fart Worth Division. This Lease shall be construc;d in accordance with the laws of the
State of Texas.
28, ATTORNEYS' FEES.
In any action braught by Lessor for the enforcement of t�e obligations of Lessee, Lessor
shall be enfitled to xecover interest and reasonable attorneys' fees.
�9. SEVERABILITY.
Yf any provision o£ this Lease shali be he�d to be invalid, �l�egal or unenforceable, the
validity, l�gali#y and enforceability of the remaini.ng provisions shall not in any way be affected
or impai:red.
12
30. FORCE MAJEURE.
Lessor and Lessee sha11 exercise every reasonable effort to me�t their respective
abligations as set forth in this Lease, but shall not be held liable far any delay in or omission of
performance due to farce majeuxe or other causes beyand theix xeasonable control, includi.z�g, but
not Iimited to, compliance with any government law, ordinance or regulation, acts of God, acts o�
omzssion, fires, strikes, lockouts, national disas�ers, wars, riots, material or labor restrictions by
any governmenta� authority, transpo�rtation probiems ancUor any other cause beyond the
reasonable co:�trol o� the par��es.
31. HEADYNGS 1VOT CONTROLL�NG.
Headings and titles used in this Lease are %r reference pwrposes only and sha11 not be
deemed a part of this Lease.
13
3�. ERTIRETY OF AGREENIENT.
This' wr�ttet� instrurnent, including any doeuments incorporated herein by reference,
contains the entire understanding and agreemeni between Lessor and Lessee, its assigns and
successors in interest, as to the matters contained herein. Any prior or contemporaneous oral ar
wiritt�n a�reement is hereby declared null and void ta the extent in conflict with any provisions o�
this Lease. The t�rms and conditions af this Lease sha11 not be amended uziless agreed to in
writing by both parties and approved by the City Council of Lessox.
IN WITNESS WHEREOF, the parties hereto have executed this Lease in multiples t1�is
� day of . ,� �' _ , �t � �•
C�TY OF FORT WORTH:
i
. , ,�, , � �
■ j . . �.J1- .y . ��i
Assistant City Manager
ATTEST:
By:
G oria Pearsot
City Secretary
�/�P ��Sr✓
APPR�VED AS TO FORM AND LEGALITY:
�...� � � �, a.�:�
Peter Vaky ; �"
Assistant City Attorney
M&C No. , ;�.v�; +f _. ' � .
94
Engineering Product Sales, Tnc.:
B � �-�l/i'H-�i�-ti.�
Y�
Les Neumann
Preszdent
r•.r �r�-a���
:
- .- - � -- -.n�
� �
�I
�
STATE 4F TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned autharity, a Notary 1'ublic in az�.d far the State of Texas,
on this day personally appeared Les Neumann, known to zne to be the person whase name is
subscribed to the foregoing instrumen.t, and acknawledged to me that the same was the act of
Engi�eering Product Sales, �nc, and �hat h� executed #he same as the act of Engineering Product
Sales, �nc. for the purposes and con.�id�ration therein expressed and in the capacity therein stated.
STA
CO
GIVEN tJNDER MY HAND AND
r'< < � l� 4:r \ � �r�._.. ..:'
```,``\,���tN�NFi�.11���l`f �i
� �vi p �,
s�����'�� �Y p(!�, ,� r��r�
� ���r� � �� . �� �'.
�':� �
� q ��
s ,�
. c�` -
TE OF TEXAS "`, .� ��� �
���'
���''E�,,���,/���Q�?�,��``���,
UNTY OF TARItANT �
SEAL OF OFFICE this ,� day of
� +� ! � • i �
Notary i'ublic in and for the S�te nf Texas
BEFQRE ME, �#he undersigned authority, a Natary Public in and for thc State of Texas,
on this day personally appeared , known to me to be the
person whose name is subscribed to the foregoing instrum�nt, and acicnowledged to me �.k�at the
same was the act of the CITY OF FORT WORTH and that he executed the same as the act of
the C�TY OF FORT WORTH for the pu�aases and consideration therein expressed and in the
capacity therein sfated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this day af
Notary Public in and fox the State of Texas
15
- - J ��5, Inc.
�ease Space
�Xl-il�l� A
SUITE
218
8'8" x 7'
D�SCR1PilON
�
iO��L
_ _" a� crax�e
FQR7'"
M�ACHRM w��TH
r"rL QL�F�ARTII�ENT OI�'
�vr�a rronr
�
9PoAVCS
SQ. ��. F�,�E �lOiViH YEAR
61 $11.64 $�9. � 7 $710.04
I s� I I ���.�7I ��1�.0�
�xhibi# A.Engineering Praducts Sales, Inc. 1 2126l02